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(영문) 서울중앙지방법원 2016.07.20 2015나58463
건물명도
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall be the plaintiff and the second floor of the real estate stated in the attached list 1.

Reasons

1. Basic facts

A. On February 6, 2014, the Plaintiff entered into a lease agreement (hereinafter “the first lease agreement”) with the Defendant that the instant real estate was leased by setting the deposit amount of KRW 50 million, monthly rent of KRW 1.5 million, and the lease period from February 16, 2014 to February 15, 2015 (hereinafter “the first lease agreement”).

B. On March 13, 2014, the Plaintiff and the Defendant entered into a lease agreement (hereinafter “second lease agreement”) with the terms that the instant real estate was leased in the monthly rent of KRW 3 million without a deposit, KRW 472,500 per month general management expenses, KRW 472,500 per month, and the lease period from March 16, 2014 to March 15, 2015.

C. On March 13, 2014, the Defendant prepared to the Plaintiff a lease agreement of KRW 472,50 million on February 6, 2014, KRW 50 million on March 12, 2014, KRW 12 million on a half of KRW 24 million on March 12, 2014, KRW 3 million on February 15, 2014 to March 14, 2014, KRW 60,000 on a loan of KRW 472,50 on March 14, 2014, KRW 60,000 on a loan of KRW 16,50 on a loan of KRW 50,000 on a loan of KRW 16,50 on a loan of KRW 50,000 on a five-month basis (from February 15, 2014 to March 14, 2015) and paid the Plaintiff a deposit of KRW 16,50,015.

“The content certification was sent, and the Defendant received it around that time.

[Ground of recognition] Evidence A Nos. 1 through 3, Eul Nos. 1 through 13, 16, 22, 27, 40, 41, and 42, and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion is about the defendant and the real estate of this case in accordance with the second lease agreement.

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